What options do we have if the house next door encroaches into our property line?

Asked by Rose, Tujunga, CA Tue Jan 22, 2008

We had a surveyor provide us with the map of our property line, which shows the encroachment. In the past, we did not want to do anything because people lived in it. Now its banked owned, the "actual house" sits about 3 feet into our property line w/out an easement (encroachment is about eight feet; not sure about the length but its a long way back). It left our house with very narrow space between the neighbors property. I'm thinking that we couldn't claim our property back because that would mean that the house next door would have to be knocked down. The house has been bank owned for about a year; and its less then 800 sq feet, piece of junk house in bad condition. How do I go about making the bank pay us out for the encroachment? Do you think is reasonable for me to offer to purchase just the land since the house has no value to me. The piece of land next door is small and they would not be able to rebuilt if we asked for our piece of land.

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LuLu DeBolt, Agent, La Crescenta, CA
Sat Nov 24, 2012
there are some limitations talk to a real estate lawyer
0 votes
Keith Sorem, Agent, Glendale, CA
Tue Jan 22, 2008
You need to consult with an attorney immediately. Readers should know that real estate law in relationships to encroachment and trepass is complex and there could be a lot at stake. I am not qualified to advise you, but I do know that it is imperative to act sooner than later. If you need a referral I have two attorneys with REAL ESTATE experience I can suggest.

It may be a fortunate thing that the property is bank owned. You need to act before it is sold.
0 votes
Johnny Ziomek, , Los Angeles, CA
Tue Jan 22, 2008
No questions asked, consult an attorney. Because it is now bank owned, you will most-likely get the run around from the bank. A letter from a good real estate attorney asking for fair market value for the land that has been illegally taken from you should get you a settlement. it sound like you may have lost the land due to the structure but you should receive compensation.
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The Hagley G…, Agent, Pleasanton, CA
Tue Jan 22, 2008
I would recommend first making a call to the REO department of the bank explaining the situation. If they are unwilling to work with you, consult an attorney about bringing a civil action against the bank. Good luck!
Web Reference:  http://www.cindihagley.com
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